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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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ALLOY WHEELS. We bought our Mercedes Benz SLK 200 for £34K

Resolved Question:

ALLOY WHEELS. We bought our Mercedes Benz SLK 200 for £34K nearly 6 years ago. The car is one of three that I own and has only covered 9500 miles from new it is in immaculate condition. The car lives in my garage and only comes out on mainly dry days. Recently I had the car professionally valeted and the company advised me that my alloy wheels had coroded due in their oppinion due to faulty munufacture. If 'MB' don't want to help do I have a claim under the sale of goods act and via my local County Court please?New wheels would cost arround £1500 refurbished £400. Regards XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is XXXXX XXXXX I will try to help with this.

Is the company willing to go to court and say that?
Customer: replied 3 years ago.

FOR JOMO1972 .NO AS YET I HAVE NOT SOUGHT TO GO TO THE SMALL CLAIMS COURT OR TOLD THE COMPANY THAT I WILL. I MAY SEEK TO IF I HAVE A CLAIM UNDER THE SALE OF GOODS ACT.

Expert:  Jo C. replied 3 years ago.

Proceeding on the basis that you can prove that these wheels were negligently fitted by the manufacturer you do have a claim both against the manufacturer and the seller.

The manufacturer is liable in negligence and the seller is liable under the Sale of Goods Act.

The Sale of Goods Act is the better claim because its always easier to prove.

You do have to prove the negligence though. You may be able to do that but be aware that its the test.

Sometimes companies do say things informally that they might not repeat in court. Also, they will have to show that their credentials are proper to make that criticism.

In principle though, you do have a claim if you can get over that hurdle.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.

FOR JOMO1972. Thankyou I take the view that a quality car that has only covered 9500 miles in 5+ years, hardly used in wet weather and otherwise immaculate should not have this fault with its wheels. Wheel corrosion is caused by wet getting under the finished coating so in my view the wheels finish was inferior. I can refer to other peoples experience of this problem and where there has been a successful outcome. Its a question of the quality is not what it should be or expected?

Expert:  Jo C. replied 3 years ago.
You could drop down on the normal SGA rules.

However, this is outside of the first 6 months of purchase and so you would have to prove the fault existed at the time of sale. Obviously the corrosion didn't or you wouldn't have bought but the propensity to corrode.

You might be able to do that but thats the goal.

Also, if this was 6 years ago then you need to act quickly because you will be time barred at 6 years.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience: Over 5 years in practice
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